Many are at risk of being unfit to plead and require additional support at court, yet are not identified by existing services”. (2022) found that “the prevalence of mental illness and neurodevelopmental disorders in defendants is high. short-term memory, inhibiting impulses, switching tasks, planning and organisation) may all negatively impact a defendant’s ability to understand legal advice, give clear instructions, understand legal argument, follow the thrust of evidence and to give evidence themselves (if they choose to do so). Image credit: David Castorĭuring court proceedings, issues with attention, compliance, emotional management, executive function (e.g. People with ADHD are especially likely to experience heightened discomfort and difficulty in police custody (Gudjonsson & Young, 2006).This can be perceived as evasive, dishonest or unhelpful by both interviews and courts when a case comes to trial. People with ADHD are more likely to answer “ don’t know” to questions put to them in police interview (Gudjonsson, Young & Bramham, 2007).“People with ADHD have been shown to apply maladaptive coping strategies when faced with stress, which are comprised of confrontation, escape-avoidance and lack of planning in problem-solving” (Gudjonsson, Young & Bramham, 2007).This can lead to poor or inadmissible interviews (Cunial et al, 2018). Police can divert from best practice interview approaches when interviewing someone who presents with ADHD-like symptoms.ADHD can make it difficult for people to manage their emotions and responses during police interviews (Gudjonsson, 2010).ADHD is associated with increased compliance, which means an individual is more likely to submit to a request or demand(Gudjonsson et al., 2008).ADHD is associated with a threefold increase in previous reported false confessions (Gudjonsson et al., 2008).Under the surfaceĪ growing body of research has been exploring the impact of ADHD at all stages of the criminal justice system, from first police interview to rehabilitation. For this reason, I have sometimes encountered judges who have been accommodating in terms of permitting regular breaks, but less disposed to implementing recommendations around how written evidence is used during the evidence of a defendant with ADHD (in this instance, the defendant had considerable difficulty switching his focus when asked to read written evidence on the stand, then struggled to hold information from that document in his mind when answering questions arising from it). This means that they may be aware of the overt symptoms of ADHD, but unaware of the less well-known and recognisable impacts of the condition. On a number of occasions during court hearings, I have encountered legal professionals who are not cognizant of the ADHD iceberg. Here, a much larger number of possible difficulties can be found, including difficulty inhibiting behaviour, difficulty retaining information in order to make a decision, difficulty planning and difficulty regulating emotions. A much larger portion of the iceberg, however, is hidden underwater. It can be helpful to picture an iceberg, with a handful of well-known ‘visible’ symptoms (like fidgeting and difficulty paying attention) at the top. In fact, ADHD is a much larger cluster of traits and difficulties. Views on ADHD vary, with some dismissing the condition as ‘naughty child syndrome’, while others understand it to be simply a matter of inattention. Beyond inattentionĪ big part of understanding and making adaptations to accommodate ADHD more effectively is going beyond the surface. This need has been recognised by the Ministry of Justice, whose 2021 Prisons Strategy White Paper underscored the need for greater understanding and adjustments for prisoners with ADHD (in response to the 2021 Neurodiversity in the Criminal Justice System report). Given the high prevalence of ADHD in police stations, prisons and Crown court docks, understanding the condition’s possible impact upon fairness and participation is essential. The prevalence of Attention Deficit Hyperactivity Disorder (ADHD) among people in the Criminal Justice System is believed to be around ten times that of the general population, with around 25% of adults in prison having ADHD compared to 2.5% of adults in the general population (Young & Cocallis, 2021).
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